Iraqi war veteran draws no jail time in 2006 shooting death of niece
A 29-year-old Bluffton man who was tried in May for the 2006 shooting death of his teenaged niece plead guilty Thursday to aggravated assault and battery in connection with the incident.
Calvin Calvert will not face jail time. On Thursday, his 10 year sentence was suspended to five years of probation, assistant solicitor Meredith Bannon said. He also was given 100 hours of community service; must undergo a mental health evaluation; is not permitted to have weapons; and must write a letter of apology to his niece's parents, Bannon said.
He also was required to surrender the weapons that deputies found in his closet, including a 12-gauge shotgun, an AK-47 assault rifle and more than 30 knives, she said.
"It's a tragedy for everyone involved," Bannon said. "I hope the family can find some peace and move on."
Calvert had faced a charge of involuntary manslaughter in the May 2006 death of his niece, Cary Mattox, 17. After deliberating more than five hours, the jury did not reach a verdict in his trial. It was declared a mistrial.
At the time, Solicitor Duffie Stone said he would pursue a second trial only if there was a chance of winning a conviction.
The shooting occurred May 29, 2006, as Calvert and the teen "playfully" wrestled over a remote control that was lying on an end table next to Calvert's .45-caliber pistol inside their Bluffton home.
Mattox, who was just days from becoming a rising senior at Bluffton High School, was shot once in the head at point-blank range, according to the pathologist who conducted her autopsy. The muzzle of the gun had been pressed against her ear, the doctor testified in May.
Initially, Calvert, an Iraqi war veteran, claimed Cary unknowingly pulled the trigger. He later conceded he might have accidentally pulled the trigger while trying to move the pistol away from his niece.
In court, he said he wasn't sure who pulled the trigger.
Cary's mother, Robin Mattox, said during the trial that the shooting was an accident. She has stood by her brother since it happened.
The mistrial infuriated Cary's father, Mike Mattox, who was already divorced from Robin when the shooting occurred and had pushed the solicitor's office to prosecute Calvert.
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